Patrol Questions Flashcards
When can misdemeanor warrants be served?
Between 0600-2200
UNLESS in public place/roadway
Noise violations, most common
What do on scene?
What do back at 84?
Animal frequent/prolonged noise-making (10-414.a)
Electronic speakers audible within dwelling not source from 10PM to 7AM (10-414.e.1)
On public property/road audible 50’ or more from device (10-414.e.2)
Shouting/belligerent (10-414.f)
Have victim sign citation. Give instruction card & tell to go to court clerk to sign charges + filing fee
Do report + print copy and put on safe
When can you arrest without a warrant?
(5 most common)
Offense committed/attempted in my presence
Felony with PC
DV with visible injuries within 72 hours
DUI/DWI/APC
VPO violation
You have reasonable suspicion of criminal activity to detain someone. Can you use force to detain them if they are trying to walk away?
Yes
Gallegos v. City of Colorado Springs
Probation vs parole
Probation instead of prison
Parole = early release from prison
Imminent does not mean __ or ___
Imminent danger may exist even if the suspect is not ____ pointing a weapon at someone
An imminent danger may exist when ___ or is ____ a weapon and intends to use it against officers/others
Immediate or instantaneous
at that very moment
Has, attempting to access
When can you use the Taser?
VPIIF
Is Violent
Physically resisting
Intends to be violent
Intends to physically resist
Fleeing from serious offense (felony or crime involving violence/force)
What circuit is Oklahoma in?
10th
When can you use the Vascular Neck Restraint?
Restraining a violent or combative individual, threatening or attempting to inflict great bodily harm or death (Policy 300.3.4)
Note: 21 OS 626.B “‘Great bodily injury’ means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of a body part/organ, or substantial risk of death”
When do you enter something into NCIC?
What do you do when you finish your report?
Any item with value of $500 or more that has a serial number
All firearms
Combination of property taken that exceeds $5000, although individually items may be less than $500
Any bicycle, TV, or computer regardless of the value
Tell supervisor you need the items entered NCIC
Bike shed - what locker in PTS?
What is the code to the door?
901
18219
Enforceable traffic laws from private drive/property
Reckless driving
Parking in fire lane
Parking in handicap
DUI/DWI/APC
Leaving the scene (accident)
Failure to Provide Security Verification (accident)
Marijuana (cite and release)
Do what on scene?
Do what at 84?
Issue ticket, include notes, take picture, field test
Seizure form and MJ in evidence locker
Not in jail folder with citation + 43 (and 28 if in vehicle) Note: Helps to include copy of seizure form
When can you go Code 3?
Pursuit
Responding to an emergency involving possibly injury, death, or significant property damage
Immediate assistance requested by an officer
A vehicle turns out of a private business’ parking lot and fails to yield to oncoming traffic, causing an accident. What violation?
Improper turn
15-90(B)
“Person requiring treatment” means a a person who because of mental illness is _____
a harm to self (threats/attempts)
a harm to others (violent behavior or threats)
so severely deteriorated risk of death/SBI
unable to provide for basic needs
Disturbing the peace
Using ___, insulting, or threatening language
Making noises that a reasonable person would find ___ loud or offensive
Obstructing, molesting, or ___ with any person lawfully in a public place
Obstructing ___ ___ of pedestrians/vehicles on a street/sidewalk in a public place
Committing an act calculated to unreasonably ___ or alarm the public or any person
profane
unnecessarily
interfering
free passage
disturb
(10-401)
Most roads in Moore are concrete or asphalt?
Concrete
Probable Cause
Articulable facts which taken together, would lead a reasonable person to believe that a crime is being or has been committed, and the individual arrested (in custody) committed it
Articulable facts which taken together, would lead a reasonable person to believe a crime is being or has been committed, and evidence of said crime will be found at particular location
At what age can you issue juvenile citations?
13 and older
You work an accident and can’t decide what citation to give the at-fault driver. What is the fallback citation?
Careless driving
“A driver of a motor vehicle who collides with another vehicle or with any person/property because of driving error is guilty of CARELESS driving.”
Values
Vision
Integrity Accountability Humility Professionalism Empowerment
We aspire to enhance the community by positively impacting the lives of individuals.
When can you initiate a pursuit?
Occupant(s) have committed a felony or are about to commit a felony
Occupant(s) are a clear and immediate threat to safety of others
When do you use the black page protectors?
Outside warrants
In jail folders (PC Aff outside, warrants inside)
What is “in custody” for purposes of Miranda?
An arrest
OR
When freedom is significantly deprived to be equivalent to an arrest
Can you cite/release a juvenile for marijuana?
Can you cite/release a juvenile for petit larceny?
Do you have to release to a parent still?
Do you need to do a report after?
Yes
Yes
Yes (note - 266 [SRO] said if you don’t want to wait on parent, and have the parent info filled out in parent section, just write ‘mail’ in the parent signature’
NO
(Cite/release on ticket writer like an adult, just include parent info in notes section)
When can you TVI?
- In a pursuit (committed a felony or clear/immediate threat to safety of others)
- Traffic/road conditions allow (low risk to public)
Graham v Connor
Force judged by the ____ standard
Need of force measured by these 3 things?
Force judged by reasonable officer standard (similar training and experience)
Need of force measured by
1. Severity of crime?
2. Danger to officer/others?
3. Resisting arrest / attempting to flee?
Mission
The Moore Police Department is here to walk alongside residents to create a city desirable to live in. Forging strong partnerships, we will find answers and apply solutions to problems. Compassionately serving and seeking the best outcomes with the community. Fighting crime, Passionately Protecting the community, and humbly putting Service Before Self. Together we are MOORE STRONG.
Assault by offer
Assault by offer places another person in REASONABLE APPREHENSION of force
When can you use OC spray?
AV (Actively resisting, Violent behavior)
OC may be used when a subject has signaled his or her intention to actively resist the officer’s efforts to make the arrest…
OC spray… may be considered for use to bring under control an individual or group of individuals who are engaging in, or are about to engage in, violent behavior.
When is Miranda required?
Only required when subject is IN CUSTODY and being interrogated (questioned for evidence of their own guilt)
When can you use pain compliance techniques?
Physically resisting
Actively resisting
300.3.3
Disorderly conduct
Acts in a ___ or tumultuous manner toward another whereby any person is placed in ___ for his safety, or their ___ is placed in danger of being destroyed
Angry ___
___ words
Jostles, crowds, or ___ someone in a public place
Causes, provokes, or engages in a ___
violent, fear, property
threats
fighting
pushes
fight
(10-403)
Can you use your firearm (deadly force) to stop a suspect from using a vehicle as a deadly weapon?
Yes
Can you tase someone for running only?
What about running from a minor crime
No
No
Must be serious crime or physically resisting or violent
Physical arrest of juvenile - municipal charge.
What do?
Do you hit the arrest checkbox?
Report?
Juvenile Citation with Brazos; include elements/admission in notes + parent info.
Release to parent or take to Pivot (make sure Parent gets a copy of the citation)
NO (they need a court date)
Yes (note - if something like curfew violation can just write a word document and put on top of court safe)
Can you get probable cause from a single witness’s statement?
Yes, if the the information is reasonably trustworthy
Carroll vs US
You are going to do a private property collision report. What violations may be enforced?
Leaving the scene
DUI
Reckless Driving
Failure to Provide Security Verification
Policy 501.7.2
When can an Officer use Deadly Force?
To protect him or others from what he reasonably believes would be an imminent threat of death or serious bodily injury
The officer has probable cause to believe that the individual has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the individual is not immediately apprehended.
A vehicle is coming at you as if trying to hit you.
Move out of the way or shoot?
When can you shoot at a moving vehicle?
Can you shoot to disable a vehicle?
Move out of the way
- When there is no other means to avert the threat of the vehicle (can’t move out of way)
- When deadly force other than vehicle is directed at Officers/others (shooting from inside)
No
Reasonable suspicion
When, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possiblecriminal activity
When can you run code to an assault call?
The assault is ongoing OR injuries are severe
A juvenile under __ years of age should not be restrained unless (1) suspected of a dangerous felony (2) may resist (3) may attempt escape (4) may attempt to injure themselves, injure the Officer, or damage property
14
301.3.3
For a voluntary EOD, do you do a report? (ie taking someone from their house to Griffin)
What about for an EOD transport (ie from Moore Medical to another facility)?
Yes
Yes
Petite larceny (Cite and release)
Documents needed on scene?
What else does the LP or business representative need to do?
What to do with documents when you get back to 84?
Citation with elements/admissions in notes
LP or business owner narrative
Itemized receipt of items taken
Photos of items taken
They need to sign the citation AND issue the trespass warning
All of these go in the ‘not in jail folder’ and give to supervisor for review then into safe
Per policy, do we take private property collision reports? Exceptions?
Do we do single car accidents?
No. Exceptions: Injury, Hit and run, DUI, Reckless Driving
No, unless there is property damage
Priorities of life
Innocents/victims
Officer
Suspect
Property
Citizens arrest/complaint (vandalism, trespassing,noise) for municipal charges
You are not doing a physical arrest (ie suspect not on site, or conflicting statements/not comfortable)
What do on scene?
What do at 84?
Gather all info needed for report. Give case number. GIVE VIC INSTRUCTIONS - Go to Court Clerk, sign charges, $50 filing fee, then a court date will be arranged
Do report + PRINT COPY OF REPORT AND PUT ON SAFE
When does curfew end?
0500
When can you use the baton?
“When you need to control, restrain, or arrest a person that is VIOLENT, or INTENDS to be”
302.4 - the baton section doesn’t actually say, this is just the general rule for control devices
No injury domestic. Doing a report. Still need to do a lethality form?
Yes, if intimate partners
Accident form. County #? City #?
14, 10
OKC Street Equivalents
34th
19th
4th
12th
27th
164th
149th
34th
119th
104th
Child endangerment
Permits physical/sexual abuse
Present where CDS is being manufactured
Drunk driving/APC transporting children
21 OS 852.1
Assault with a Dangerous Weapon
Assault with a Deadly Weapon
Which one does NOT exist in OK statue?
Assault with a Deadly Weapon
Thompson v State OK 2018 - DEF shot at but did not hit victim… charge should have been Assault w Dangerous Weapon
Shoots someone
A&B with a Deadly Weapon
Shoots AT someone
Assault with Dangerous Weapon
Stabs with knife
A&B with a Dangerous Weapon
Threatens with knife
Assault with a Dangerous Weapon
Aims firearm at someone + threatens them
Felony Pointing
Weapon per se
A weapon in and of itself (rifle, shotgun, pistol)
A ‘person requiring treatment’ means, because of mental illness or drug/alcohol dependency
Poses a ___ risk of ___ ___ harm to self
substantial, immediate physical
Domestic. Points firearm at another
Domestic Assault w/ Dangerous Weapon
When can you enter a home without a warrant?
Can you enter a house without a warrant based under Community Caretaking?
Does an alarm create an exigency?
Emergency aid doctrine
Exigent circumstances (prevent harm to other persons, destruction of evidence, escape of suspect)
Hot pursuit
No (Caniglia v Strom 2021)
By itself no, but it could if there are other factors (ie unlocked door, unable to contact key holders, call history of neighborhood)
Belligerent suspect is holding a gun. Told to drop and refused. Do you have to wait until he points the gun at you?
No
Garcia v Blevins 5th CIR 2020
“It was undisputed Garcia could have quickly pointed in at officers. The court stated, ‘ we have never required officers to wait until a defendant turns toward them, with weapon in hand, before applying deadly force to ensure their safety’”
Contributing to delinquency of a minor
What counts as ‘delinquent’?
Delinquent = violating any state law (found in title 21) or being a runaway
A juvenile who
- has repeatedly disobeyed commands from parents
- is willfully absent from home without consent of parent
- is willfully absent from school
(Definition)
Child in Need of Supervision
10A OS 2-1-103.8
Child Neglect
21-843.5.C. Any person responsible for the health, safety or welfare of a child who shall willfully or maliciously engage in child neglect, as defined in this section (10A 1-1-105)
10A 1-1-105.49.A
1. Failure to provide for FOOD, CLOTHING, SHELTER, hygiene, MEDICAL CARE
2. The failure or omission to protect a child from exposure to any of the following:
(a) the USE, POSSESSION, sale… of illegal drugs
(b) illegal ACTIVITIES
(3) abandonment.
The use of lies, tricks, or deception (is / is not) a legitimate tactic in questioning defendants. A police officer that inflates the strength of the evidence against a defendant does not significantly hinder the defendant’s free choice and will to confess. The courts will take into consideration the totality of circumstances to determine the voluntariness of the confession. The officer must avoid tricking the suspect into waiving his Miranda rights. This will get any statements excluded. The officer must also avoid lies that by there nature coerce the defendant into confessing.
is
https://caselaw4cops.net/questioning/deception.htm
When can you use the fingerprint scanner?
When an officer has probable cause to believe the person to be identified has committed a particular crime;
When an officer has reasonable suspicion to believe the person to be identified has committed, is committing, or is about to commit a crime AND the use of the FID is necessary in establishing or dispelling the suspicion;
The purpose of a frisk to is ___ and ___ weapons (not evidence of a crime [contraband])
find
seize
Threats jurisdiction
A subject outside of Moore sends a threatening text to a Victim in Moore. Who’s jurisdiction?
A subject outside of the state of Oklahoma sends a threatening text to a Victim in Moore, can we prosecute?
A subject in Moore sends to threatening text to a Victim outside of Moore. Who’s jurisdiction?
A Victim in Moore receives a threatening text from a Suspect at an unknown location. They report it to us. Do we have jurisdiction?
Either per 21 OS 1172(C)
Yes, because the threat was consummated in Oklahoma (per 22 OS 121)
Either per 21 OS 1172(C)
Yes, because can be either location’s jurisdiction per 21 OS 1172(C)
Homeowner found deceased, no one else with standing to give consent. Do you need a warrant?
No, since you are only trying to determine cause of death (until/unless you determine foul play, then it becomes a criminal investigation, and will need to stop and get a warrant)
Also, if wife/roommate calling, they gave expressed/implied consent by calling 911
When can you do a phone ping?
Exigency (ie suicidal, endangered)
[need source to confirm]
When do the parks close?
Midnight to 0600
Except Little River Park (2200-0600)
11-113
When can you force a subject to identify themselves in Oklahoma?
In Oklahoma, is there a criminal penalty for someone refusing to identify themselves during an investigative (RS) detention?
If, during a lawful contact absent a consensual encounter, a subject appears to be lying about their name, would that give you probable cause to believe they are interfering/obstructing your investigation, and therefore now you have the necessary PC to determine their actual identity?
When you have PC they have committed a crime
No (assuming a flat refusal/denial, not lying. If they lie, see below)
Yes (Note: This is seems to be a common practice, but I cannot find OK case law to support this, so I would be wary of trying this)
[Final note: Hiibel v Sixth does not apply to Oklahoma, as Oklahoma is not a stop and identify state. Also, Oklahoma does not have a statute similar to the one used in Stufflebeam v Harris]
What can be considered evidence for “intent to distribute?”
Presence of scales or baggies
Cash
Larger quantity expected for personal use
Guns
Texts or voicemail messages
Trafficking amounts
Heroin
Meth
Xanax
Marijuana
10g
20g
500g
25 lbs
63-2-415
How many grams in an ounce?
28
How many ounces in a pound?
16
Tax Stamp amounts:
Marijuana
CDS measured by weight
CDS measured by dosage units
42.5 grams
7 grams
10 dosage units
CDS and/or paraphernalia in PTS evidence section
Top or bottom?
Seized?
Both
Yes
State charges (CDS). Send both marijuana and meth to OSBI? OR just meth
Both
Fentanyl trafficking amounts
Simple - 1 grams
Aggravated -5 grams
One M30 pill is approximately ___ of a gram
The general rule is over ___ M30 pills sufficient for trafficking
1/10th
10
Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22
Can you charge for fentanyl without field testing? If so, how?
Yes
One M30 pill is approximately 1/10th of a gram
OSBI testers have reported fake M30 pills are majority fentanyl
General rule is over 10 M30 pills sufficient for trafficking
DA’s Office (Travis White): Officer training/experience, along with articulable facts, are sufficient for identification in absence of a field test
Drug Recognition PowerPoint Class, taught by D21 TFO Gay, 6/28/22
Note: As of 2024, the DA’s office seems to want a TruNarc scan
OSCN Docket Search.
You enter ‘born on/after date’ as their DOB.
What do you put for ‘born before date’?
The day after they are born
(add one to the day of their MM/DD/YEAR)
Ticket writer
Alleged speed vs actual speed
Alleged is what you are charging them with
Actual speed is what the radar showed
(State) obstruction (21 OS 540) vs (state) resisting (21 OS 268). What is the difference?
(State) resisting has an element of force or violence
